Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and various damages, including repairs to the lock, wall, and glass, and removal of rubbish, lawn work, and replacement of a missing heater. The claim for the damaged carpet was dismissed.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy, excluding fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, which include paying rent on time, keeping the property reasonably clean and tidy, notifying the landlord of damage or needed repairs, and leaving the premises clean and tidy with all rubbish removed when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and various damages, dismissing the claim for the damaged carpet.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and various damages, including repairs to the lock, wall, and glass, and removal of rubbish, lawn work, and replacement of a missing heater. The claim for the damaged carpet was dismissed.
📚 Full judgment Official document
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[2025] NZTT 5096808
TENANCY TRIBUNAL - Waitakere | Waitākere
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] For [COMPANY] $720.86 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 10 November 2024 $1,877.14 Water rates $284.73 Repairs to the lock and wall $150.00 Glass repair $150.00 Rubbish removal $600.00 Lawn work $80.00 Replacement of missing heater $111.99 Filing fee reimbursement $27.00 Total award $3,280.86 Bond (which has already been paid to the landlord) $2,560.00 Total payable by Tenant to Landlord $720.86
2. The landlord’s application for compensation for the damaged carpet is dismissed.
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Reasons:
1. [NAME] of [COMPANY] attended the hearing for the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why the tenant would not attend the hearing and the hearing proceeded in the tenant’s absence.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The landlord was seeking return of the bond. However, at the hearing, the landlord advised that the bond has since been paid to the landlord with the tenant’s permission. The claim for refund of the bond was withdrawn.
How much is owed for rent and water rates?
4. The tenancy ended on 10 November 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing.
5. The landlord also provided a ledger showing the unpaid water rates and supporting invoices.
6. These claims are proved.
Did the tenant comply with their obligations at the end of the tenancy?
7. Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that at the end of the tenancy the tenant must leave the premises (including the garden) reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. Section 40(1)(ca) of the RTA provides that the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
8. The landlord provided photographs showing that the tenant left a significant amount of rubbish at the premises and left the lawns untidy. The landlord has provided invoices showing that the amount charged for this work.
9. The landlord has also claimed for a heater. The landlord provided an invoice and messages with the tenant showing that it provided a heater to the tenant in July 2024. The landlord said that the tenants took the heater with them and that a new heater has been purchased. The landlord has provided the invoice for the original heater. I am satisfied that the heater was taken from the premises and that a new heater was purchased.
10. These claims are proved. The amounts ordered are inclusive of GST.
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Is the tenant responsible for the damage to the premises?
11. Sections 40(2)(a), 41 and 49B of the RTA provides that a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.
12. Section 49B(3)(a) of the RTA provides that where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent).
13. Section 49B(3)(b) of the RTA provides that where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
14. Section 49B(1) of the RTA provides that tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
15. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. (See Guo v Korck [2019] NZHC 1541.)
16. The tenancy agreement provides that the premises were not insured during the tenancy.
17. The landlord asserts that the following damage was caused during the tenancy:
a. Damage to a lock and wall;
b. Damage to a glass panel;
c. Damage to the carpet.
18. The landlord has provided pre-tenancy inspection report which includes photographs and photographs taken at the end of the tenancy. I am satisfied that the damage to the lock, wall and glass panel was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
19. The claims for damages to the lock, wall and glass are proved. The sums ordered are inclusive of GST.
20. I accept that the carpet was damaged during the tenancy. However, I have not awarded compensation for the carpet because I am required to take into account
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betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
21. The Inland Revenue in its General Depreciation Rates guidance (IR265, September 2020) states that carpets in residential rental properties have a lifespan of 8 years.
22. The landlord advised that the carpet was around 10 years old. Therefore, while I accept that the carpet was damaged during the tenancy and the tenant has not disproved liability for the damage, I find that the carpet was due to be replaced and was of no value.
23. The claim for the damaged carpet is dismissed.
Reimbursement of filing fee:
24. [COMPANY] For [COMPANY] has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.
[NAME]
20 February 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes rent arrears as proven by the landlord's rent ledger.
- The landlord provided invoices and ledgers for unpaid water rates, repairs, and other damages, which were accepted.
- The tenant did not attend the hearing and did not provide any counter-evidence to dispute the landlord's claims.
- The landlord's claim for reimbursement of the filing fee was successful as the landlord substantially succeeded in the claim.
❌ Tends to be rejected
- The tenant's non-compliance with leaving the premises reasonably clean and tidy resulted in charges for rubbish removal and lawn work.
- The tenant's responsibility for replacing the heater was accepted as the heater was taken without permission.
- The landlord successfully proved that damage to the lock, wall, and glass panel was caused during the tenancy and was more than fair wear and tear.
- The claim for the damaged carpet was dismissed as the carpet was deemed to be at the end of its lifespan and of no value.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay rent arrears and various damages, including repairs to the lock, wall, and glass, and removal of rubbish, lawn work, and replacement of a missing heater. The claim for the damaged carpet was dismissed.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and various damages caused during the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for rent arrears and various damages, excluding fair wear and tear, such as the damaged carpet.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was whether the damages were caused during the tenancy and were more than fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was for the landlord, ordering the tenant to pay rent arrears and various damages.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.
What evidence or documents mattered?
Photographs showing the state of the premises at the end of the tenancy and invoices for repairs and services mattered.